Hughes v. Burriss
Supreme Court of Missouri
Appeal from Pettis Circuit Court.—Hon. J. P. Strother, Judge. The proceeding from the presentation of the will in the probate court, till final judgment declaring it was not her will in the circuit court, was one proceeding. Morse and Burriss bought pendente lite. They bought subject to the result of the suit and as it resulted in establishing there was no will, they holding under the will took nothing. Dickey v. Malechi, 6 Mo. 177; Benoist 'o.
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Appeal from Pettis Circuit Court.—Hon. J. P. Strother, Judge. The proceeding from the presentation of the will in the probate court, till final judgment declaring it was not her will in the circuit court, was one proceeding. Morse and Burriss bought pendente lite. They bought subject to the result of the suit and as it resulted in establishing there was no will, they holding under the will took nothing. Dickey v. Malechi, 6 Mo. 177; Benoist 'o. Murrin, 48 Mo. 48 ; Tapley's Ad/rntr v. IfcPike, 50 Mo. 589. (1) Courts of probate and none other have jurisdiction in the first instance, to admit to…
1Opinion of the Court
Nortow, J;
On the twentieth of September, 1872, one Emily Roley died seized in fee of certain real estate in Henry county, Missouri; She made a will devising this land in fee to her husband, John I. Roley. At the November term, 1872, of the probate court of Henry county, this will was duly presented and admitted by said court to probate. There was born alive of said marriage between said Emily and John Roley a child, which gave him, aside from the devise, a life estate by the curtesy in said land. In October, 1875, said John Roley, by deed of warranty, sold said land to one C. C. Morse for…
2Cases cited11 opinions
- State v. McGlynn & ButlerCalifornia Supreme Court · 1862
- Davis v. GainesSupreme Court of the United States · 1881
- Gaines v. New OrleansSupreme Court of the United States · 1868
- Dickey v. MalechiSupreme Court of Missouri · 1839
- Benoist v. MurrinSupreme Court of Missouri · 1871
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State ex rel. Hamilton v. GuinotteSupreme Court of Missouri · 1900
- Reeves v. HagerTennessee Supreme Court · 1899
- Hines v. HinesSupreme Court of Missouri · 1912
- Johnson v. BrewnSupreme Court of Missouri · 1919
- State Ex Rel. Callahan v. HessSupreme Court of Missouri · 1941
10 more not listed; retrieve them via the Exa API.